Loree v. Reeves
Michigan Supreme Court
Case reserved from Livingston County Court. Attachment. The affidavit of the plaintiff, on which the attachment issued, stated that defendant was indebted to him in the sum of $237, and that defendant was not a resident of the State. The writ was issued on 10th of April,. 1849, and was made returnable on the 23d of the same month. Under it, real estate appraised at $10,000, was attached.
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Case reserved from Livingston County Court. Attachment. The affidavit of the plaintiff, on which the attachment issued, stated that defendant was indebted to him in the sum of $237, and that defendant was not a resident of the State. The writ was issued on 10th of April,. 1849, and was made returnable on the 23d of the same month. Under it, real estate appraised at $10,000, was attached. On the 26 th of June following, the plaintiff filed his declaration, by which he claimed the defendant was indebted to him for wheat and flour, and proceeded to trial ex parte, and obtained a judgment for…
1Opinion of the Court
By the Court, Pratt, J.
Courts of record are vested with general discretionary power, on the subject of granting nerv trials; yet this discretionary power is judicial, and not arbitrary, and should always be exercised by Courts with great care in moulding their decisions on applications for new trials, in view of the peculiar circumstances connected with each case, so as to sub-serve tjie purposes of substantial justice, and in protecting at the same-time, the just and equitable rights of both parties. The actual administration, of impartial justice, is the great primary principle upon which…
2Cases cited1 opinion
- Ruggles v. HallNew York Supreme Court · 1817
3Cited by9 opinions
- Merriman v. PeckMichigan Supreme Court · 1893
- Stockley v. StockleyMichigan Supreme Court · 1892
- Partch v. BairdMichigan Supreme Court · 1924
- Bielby v. AllenderMichigan Supreme Court · 1951
- Hurlburt v. ReedMichigan Supreme Court · 1858
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